This Terms & Conditions describes how your personal information is collected, used, and shared when you visit or make a purchase from https://www.entireweb.com (the "Site").
To register to Entireweb, you must complete and submit a registration application via one or more pages on the Entireweb.com Web site and accept these Terms and Conditions. By enrolling in the Program, You represent that You are at least 18 years of age and agree that Entireweb may serve third party advertisements. All applicants are reviewed according to these Terms and Conditions. Entireweb.com reserves the right, in its sole discretion, to reject your application or terminate your enrollment in the Program for any reason. Please note that we may change our Terms and Conditions at any time, and without prior notification, and it is your responsibility to keep up-to-date with and adhere to the policies posted here.
Entireweb accounts are not transferable, assignable or resalable in connection with the sale of your site or otherwise. * For example, when a site changes ownership or management, the prior owner or manager must cancel the Entireweb account for the site, and the new owner or manager may sign up for a new Entireweb account in his or her own name.
Any method that artificially generates clicks or impressions is strictly prohibited. These prohibited methods include but are not limited to:
Please note that clicking on your own ads for any reason is prohibited, to avoid potential inflation of advertiser costs. Accounts involved in this type of activity will be permanently disabled.
In addition to the standards below, Entireweb participants are required to adhere to general webmaster guidelines. Entireweb reserves the exclusive right to determine what clicks and impressions should be judged invalid.
You may cancel your account for with or without cause at any time. Entireweb may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Site in all or part of the Program for any reason. In addition, Entireweb reserves the right to terminate without notice any account that has not generated a sufficient number of valid clicks on Ads or Referral Buttons or valid impressions of Ads for a period of two (2) months or more.
You agree not to disclose Confidential Information without prior written consent. "Confidential Information" includes without limitation: (a) all Entireweb software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to You by Entireweb; and (c) any other information designated in writing by Entireweb as "Confidential" or an equivalent designation. Confidential Information does not include information that has become publicly known through no breach by You or Entireweb, or information that has been (i) independently developed without access to Entireweb Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.
Entireweb makes no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to You under this Agreement.
You agree that Entireweb may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If You wish to use Entireweb's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You may do so, so long as such use is in compliance with this Agreement and in compliance with Entireweb's guidelines.
ENTIREWEB MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, LINKS, SEARCH, REFERRALS, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT ADS, LINKS, AND SEARCH RESULTS ARE BASED ON NON-ENTIREWEB CONTENT, ENTIREWEB SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH ADS, LINKS, AND SEARCH RESULTS.
Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) ENTIREWEB'S AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY ENTIREWEB TO PUBLISHER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
You represent and warrant that (a) all of the information provided by You to Entireweb to enroll in the Program is correct and current; (b) You are the owner of each Site or that You are legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in Your performance of any acts hereunder. You further represent and warrant that each Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not hate-related or otherwise violent in content.
You agree to indemnify, defend and hold Entireweb, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement.
You acknowledge that Entireweb owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including Entireweb's ad serving technology, search technology, referral technology, and Brand Features and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Entireweb services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter Entireweb's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Entireweb services, software, or documentation (including without limitation the display of Entireweb's Brand Features with Ads, Links, Search Boxes, Search Results, and/or Search Buttons, as applicable). "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.
Entireweb may retain and use, subject to the terms of the Entireweb Privacy Policy (located at http://www.entireweb.com/about/privacy/), all information You provide, including but not limited to Site demographics and contact and billing information. You agree that Entireweb may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Entireweb may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Entireweb disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Entireweb may share non-personally-identifiable information about You, including Site URLs, Site-specific statistics and similar information collected by Entireweb, with advertisers, business partners, sponsors, and other third parties. In addition, You grant Entireweb the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.
This Agreement will be governed by the laws of the state of Halmstad, Halland, Sweden, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in courts located in the state of Halmstad, Halland, Sweden, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the Parties and their respective successors and assigns. Entireweb.com's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Entireweb.com's right to subsequently enforce such provision or any other provision of this Agreement.
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